Prosecutorial response to the dilemma of sentencing appeal in plea leniency cases
Due to the disadvantages such as violation of legal norms,deviation from criminal judicial practices,and an excessive emphasis on value pursuit,defendants who plead guilty often seek additional leniency in adjudication of punishment or execution,and continue to appeal solely on sentencing issues even when the court has accepted the sentencing recommendation and no new facts or evidence are presented.This behavior has not been effectively regulated,and the existing methods of regulating appeals on sentencing have not played an effective role.Consequently,the operation of the plea leniency system encounters a"sentencing appeal dilemma".Remorse is a prerequisite for applying the plea leniency system.Based on the state of remorse when appealing,the defendant's behavior can be categorized.In order to effectively regulate such appeals and address the"sentencing appeal dilemma",prosecutorial organs can enhance legal interpretation and reasoning,optimize sentencing negotiations,and strengthen the involvement of defense attorneys to encourage defendants to develop a sustained and stable state of remorse.For appeals made by defendants in varying states of remorse,prosecutorial organs should accurately identify these states and respond accordingly through their supervisory and prosecutorial functions.
NETL
NSTL
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